Interpol red notice and extradition from Brazil
Brazilian lawyer, OAB/MG 155.242, admitted in Brazil only. Not legal advice under your local law.
A red notice is a request to locate and provisionally arrest a person. In Brazil it does not lead to prison by itself: an arrest for extradition needs an order of the Federal Supreme Court, and the whole extradition is decided there. This is how it works and where a defence fits in.
Write to the lawyer on WhatsAppWhat to do now
- If the person has been arrested, find out where and confirm that the arrest came from the Supreme Court.
- Gather what exists abroad: the foreign arrest warrant, the case number, the country that asked.
- Do not travel or cross a border to "solve it" before talking to a lawyer.
- Write to a lawyer in Brazil with the full name, nationality and what you know of the case.
What the law says
- No extradition is granted without a prior ruling of the Federal Supreme Court on its legality, and there is no appeal from that ruling (Law 13.445/2017, art. 90). The executive then authorises the surrender (art. 92).
- The request for provisional arrest may reach Brazil through the Interpol channel, with proof of the foreign arrest warrant, and goes to the court after the Federal Prosecution Service is heard (art. 84, caput and § 2º).
- If no treaty sets another period, the requesting country has 60 days from the date it is informed of the arrest to formalise the request; if it does not, the person must be released (art. 84, §§ 4º and 5º).
- The Supreme Court may allow house arrest or let the person answer the case in freedom, with the passport retained (art. 86).
- There is no extradition of a Brazilian-born national, for a political crime, when the Brazilian penalty is under two years, when the case is time-barred, or before a court of exception (art. 82).
The firm does not promise release, a deadline or an outcome: the Supreme Court decides each case.
Questions
Does a Brazilian spouse or child prevent extradition?
No. The Federal Supreme Court holds that marriage to a Brazilian or a Brazilian child does not prevent extradition (Súmula 421). It does matter for expulsion, which is a different procedure.
Which countries have an extradition treaty with Brazil?
The bilateral list of the Ministry of Justice includes the United States (Decree 55.750/1965), the United Kingdom (Decree 2.347/1997), Australia, France, Italy, Spain, Portugal, Belgium, Switzerland and most of South America. Canada and Germany are not on it; without a treaty, a request can still come on a promise of reciprocity.
If extradition is granted, is the time in prison in Brazil lost?
No. The requesting country must deduct the time spent in prison in Brazil for the extradition and commute a death or life sentence (art. 96).
Can the red notice itself be challenged?
Yes, at Interpol, through its Commission for the Control of Files, a separate route from the case in Brazil. In Brazil the defence works before the Supreme Court.
Other pages
- Relative arrested in Brazil now
- Residence in Brazil: retirees, digital nomads, investors and family
- Recognition of a foreign divorce or judgment in Brazil
- A correspondent in Brazil for your firm
- CPF for foreigners: the Brazilian taxpayer number
- Criminal record certificate in Brazil
- Brazilian consulates: what they do
- Buying property in Brazil as a foreigner
- Opening a company in Brazil as a foreigner
- All pages in English
- OAB/MG 155.242, admitted in 2014
- Postgraduate studies in Criminal Procedure (Faculdade Legale)
- Guaxupé (MG), practice throughout Brazil
Write to us
Tell us briefly about your case. A lawyer from the firm replies by email, usually within one business day.
How to hire from abroad
- You describe the case in writing, by WhatsApp or e-mail, in English.
- The fee is agreed in a written contract before any work begins.
- The contract and the power of attorney are signed online, and payment can be made from abroad.
How to check a lawyer in Brazil
- Look up the OAB registration in the National Registry of Lawyers (cna.oab.org.br).
- Ask for the fee in writing, in a contract.
- Pay only in the name of Felipe Mendes Smargiassi. Nothing is received in the name of third parties, and any other contact using his name is not his.
OAB/MG 155.242, cna.oab.org.br · How to check a lawyer in Brazil · Google ★
When a person answers
The office answers in person Monday to Friday, 8 am to 6 pm Brasília time (UTC-3).
WhatsApp receives messages at any time.
The first answer comes in writing, at any hour; the lawyer usually replies within one business day.
Page reviewed in October 2026.